Washburn v. Graves
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lucius H. Washburn, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 29th day of August, 1906, denying the plaintiff’s motion for a bill of particulars.
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Appeal by the plaintiff, Lucius H. Washburn, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 29th day of August, 1906, denying the plaintiff’s motion for a bill of particulars. The complaint, among other things, alleges that one Hiram L. Washburn, now deceased; who was an attorney and counselor at law, between January 3, 1902, and February 1, 1904, paid to Margaret Kilbourn, defendants’intestate, and disbursed for her benefit and for the benefit of her real estate $2,567.90, which payments and…
1Opinion of the Court
Cochrane, J.:
The counterclaim alleges deception, imposition and wrong dealing by plaintiff and his copartner for a period of nearly four years while acting in a fiduciary capacity for the defendants’ intestate. These allegations are in the most general terms and convey very little, if any, information as to' the precise facts constituting such malfeasance save the general statement thereof. Plaintiff in his reply and in the moving affidavit denies all knowledge concerning the same. His copartner, for whose misdeeds equally with his own he is sought to he held liable, is dead, and whatever…
2Cited by2 opinions
- Pace v. AmendAppellate Division of the Supreme Court of the State of New York · 1914
- Bailey v. MayerNew York Supreme Court · 1907